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35 Cards in this Set

  • Front
  • Back
Duty of Confidentiality
can't reveal anything related to the representation of a client w/o her consent
Confidentiality - exceptions
1. Consent
2. Crimes
- Financial - no
- Death - good faith effort to persuade, then tell client you are revealing
3. Defense of self
- Malpractice
- Payment
- Disciplinary action
Duty of Loyalty
if any interest of you, another client, or a 3rd party materially limits or is adverse to loyal representation, you have a potential or an actual conflict of interest.
Duty of loyalty - requirements to keep going when conflict arises
1. Reasonably believe can represent everyone effectively despite conflict
2. Inform each affected client
3. Client consents in writing
Conflicts - business transactions with client
Allowed, if...
1. Terms are fair
2. Fully disclosed in writing
3. Client has chance to consult outside lawyer
4. Written consent
Conflicts - service on a board
Service is allowed, but strongly discouraged
- Exception - legal aid organizations
Conflicts - Publication rights
Client can sell rights to story before end of proceeding if understands and consents
Conflicts - limiting lawyer liability
NOT allowed
Conflicts btw clients - rule
May represent client w/ potential conflicts with the proper consent of all, but it is almost never proper if actual conflicts exist.
Conflicts btw clients - opposing present Client's interests
NOT allowed in CA, regardless of the relationship of the cases
Conflicts btw clients - New clients in matters related to Former clients
Can't represent if interests of new client materially adverse to a former client w/o the former's consent
- Look at function, scope, information overlap
Conflicts - Gov't lawyers in private practice
- Prosecutors - can't work defense on same matter
- "Matters" - lawyer worked substantially and personally on it
- Imputed DQ - firm can take it if:
-- Screened off
-- Don't share in fee
-- Gov't employer is informed
Conflicts - organizational clients
represent best interest of entity
SOXA - who to report violation?
1. Go to CEO
2. Go to board or highest authority
3. Go to SEC
Fees - 4 requirements
1. How is fee calculated
2. Services covered
3. Lawyer/client duties
4. In Writing
Contingency Fees - requirements
1. Written, signed by client
2. Lawyer's %
3. Expenses to be deducted
4. when expenses are deducted
5. How work not covered by contingency will be paid
6. Lawyer's fee is negotiable
Fees - when too high?
Fees not be unconscionably high

Must to go arbitration if client wants to dispute.
Fee Splitting:
- Same firm?
- Another firm?
- Referral fees?
- Non-lawyers?
- allowed
- allowed if split in proportion of work done
Client Trust Accounts
No borrowing or comingling
Duty of Competance
Refers to legal knowledge, skill, thoroughness, and preparation needed for representation
Duty of Diligence
diligently, promptly, and zealously purue the case
Duty to Communicate
Must keep client informed, including settlement offers
Scope of representation - who does what?
Client - substantive rights
Lawyer - procedure and legal strategy
Withdrawal of representation - types
1. Client fires you
2. Mandatory
3. Permissive
Permissive withdrawal - when allowable
F inancially burdens you
A cts illegally
I nsist on pursuing repugnant or imprudent purpose
R efuses to fulfill obligation
Withdrawal - procedure
1. Provide timily notice to client
2. Return
- Unspent fees
- Files
Advertising - rule
must not be false or misleading
Advertising - presumption of improperness
- Guarantees
- Warranties
- Predictions of results
Solicitation - rule
can not seek professional employment for pecuniary gain by inititating a live or telephone contact w/ a prospective client with whom had no previous personal, professional, or family relationship
Advertising - targeted mail
Ok, but must include "Advertising Material"
Solicitation - scene of accident
CA presumes improper
Duty to present facts honestly
refuse to make a false statement of material fact or offer evidence you know is false or fail to correct
Client perjury
Civil - don't call witness

Criminal - narrative after advising D to tell the truth
Duty to produce evidence
can't suppress evidence that client has a duty to produce
Dealing with press
Avoid statements that have a substantial likelihood of materially prejudicing the case
- Exceptions:
-- Matters of public record
-- Information about ongoing investigation
-- statements required to protect client from publicity not self-initiated